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Claiming CAN-SPAM compliance?
Posted: Thu Feb 07, 2008 7:27 pm
by alex.barylski
Legally, am I allowed to make a remark at the bottom of my newsletter explaining that I at least "attempt" to remain a CAN-SPAM compliant subscription service?
I require double opt-in
I have a clearly visible unsubscribe link
I include my physical postal address
I am not advertising porn
I do not break any typical SPAM rules set forth by ISP's - I assume as my test email is going through fine.
Is it safe to indicate that I wish to remain CAN-SPAM compliant at the footer of my emails newsletters?
Re: Claiming CAN-SPAM compliance?
Posted: Thu Feb 07, 2008 7:59 pm
by Christopher
Honestly, no one here can give you that kind of legal advice. Plus you are Canadian and are discussing an American law. And finally, there is no such thing as "CAN-SPAM compliance." It's a law, not a standard. Either you are convicted of breaking it, accused of breaking it, you are following the advice of a lawyer to eliminate potential criminal liability if intent (different than being innocent), or not.
http://www.ftc.gov/bcp/conline/pubs/bus ... nspam.shtm
Re: Claiming CAN-SPAM compliance?
Posted: Thu Feb 07, 2008 9:24 pm
by alex.barylski
It's a law, not a standard
Thats a very good point.
I have seen some emails however which do claim to "send emails in accordance to CAN-SPAM". I'm wondering if:
1) It's required when sending emails within the US
2) Just sounds good
I should seek the advice of a lawyer I guess...
Re: Claiming CAN-SPAM compliance?
Posted: Thu Feb 07, 2008 10:53 pm
by Christopher
Yes to the lawyer if you are concerned. I think the "send emails in accordance..." is a little like "our drivers obey the speed limit...". It does not mean that they don't need insurance.

Re: Claiming CAN-SPAM compliance?
Posted: Thu Feb 07, 2008 11:07 pm
by alex.barylski
arborint wrote:Yes to the lawyer if you are concerned. I think the "send emails in accordance..." is a little like "our drivers obey the speed limit...". It does not mean that they don't need insurance.

Haha...agreed.

Re: Claiming CAN-SPAM compliance?
Posted: Fri Feb 08, 2008 12:24 am
by Christopher
If you do find some more information about or even what questions to ask a lawyer, please let us know. And there are a number of you pesky kanucks aboot these forums, so the Canada/US information may be of interest as well...
Re: Claiming CAN-SPAM compliance?
Posted: Fri Feb 08, 2008 12:56 am
by Kieran Huggins
CAN-SPAM is more of a "don't be a jerkstore" law than an actual law. The FTC has stated that they don't have the resources to hunt down anyone but the worst offenders.
It's the same idea as surviving a bear attack: you don't have to be faster than the bear, only faster than the guy next to you.